Your Day in Court. This is a video clip from King County, Washington featuring Judge Mary Yu and Stephen Gonzalez. Judge Yu explains the basic layout of the courthouse and Judge Gonzalez talks about courtroom procedure. The information in this video is designed for pro se users of the King County court system but it is general enough that court users in any state can benefit from viewing it.
6. If you have a paragraph 18 and 19, then you might want to add a paragraph 20 that might read something like this, "Other commercial facilities similar to the defendant's have made similar modifications, like what we ask here. Defendant could easily make his business accessible but has chosen not to comply with the Americans with Disabilities Act." You might also want to add a 20a that reads, "to assist businesses with complying with the ADA, Congress has enacted a tax credit for small businesses, and a tax deduction available to all businesses."
The next three chapters of this handbook provide information that you should consider before filing your own lawsuit such as whether or not you have a case you can win, the importance of legal counsel and the alternatives, and the structure of the federal court system. If after considering this information, you feel you have a case that should be filed in federal court and you wish to represent yourself, additional information has been provided to assist you in filing your case and utilizing the appropriate rules of procedure for the United States District Court for the District of Idaho.
The lack of civility among lawyers is a frequent topic at bar association meetings. Canon 7 of the American Bar Association Model Code states that a “lawyer should represent a client zealously within the bounds of the law.” Many lawyers blame an over-enthusiastic reliance on Canon 7 for what they consider a rising tide of lawyer incivility (or bullying) that characterizes modern litigation. Commonly-cited examples include:
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Administrative hearings rather than trials typically result when individuals contest decisions made by government agencies, or when government agencies refuse to act favorably on individuals’ requests. Thanks in part to movies and TV, a popular notion is that in the U.S., trials are the most common method of resolving civil disputes. In fact, across the country many more administrative hearings than trials occur.
A person who is incarcerated or is otherwise in custody pursuant to court order may wish to challenge the fact or duration of his confinement. Such a challenge would be brought as a petition for writ of habeas corpus against the person or entity who holds them in custody, e.g., state or county. If the person can successfully show that a constitutional right was violated, which would have otherwise prevented the incarceration ("fact of incarceration") or the duration of the incarceration the court will grant a writ of habeas corpus.
There are some notable records of pro se litigants winning more than $2,000 as plaintiffs: Robert Kearns, inventor of the intermittent windshield wiper who won more than $10 million from Ford for patent infringement; Dr. Julio Perez (District of Southern New York 10-cv-08278) won approximately $5 million in a federal jury trial from Progenics Pharmaceuticals for wrongful termination as a result of whistleblowing; Reginald and Roxanna Bailey (District of Missouri 08-cv-1456), a married couple, who together won $140,000 from Allstate Insurance in a federal jury trial; George M. Cofield, a pro se janitor, won $30,000 from the City of Atlanta in 1980; and Jonathan Odom, a pro se prisoner, who while still a prisoner, won $19,999 from the State of New York in a jury trial. Timothy-Allen Albertson, who appeared in pro. per., was awarded $3,500 in 1981 in a judgment by the San Francisco Municipal Court entered against the Universal Life Church for defamation by one of its ministers.
A civil case, which is the only type of case you can commence in federal court, is different from a criminal case, which can only be commenced by government officials. In a civil case, you do not have a constitutional right to appointed counsel. Therefore, if you start a civil case pro se, you should be prepared to pursue it to completion on your own.
IAALS recently released two new reports focused on the experiences of self-represented litigants in the family court system. Cases Without Counsel: Research on Experiences of Self-Representation in U.S. Family Court which explores the issues from the litigants' perspective. Cases Without Counsel: Our Recommendations after Listening to the Litigants outlines recommendations for courts, legal service providers, and communities to best serve self-represented litigants in family cases.
91. Property cases are an interesting exception, with a represented plaintiff still 0.88 times as likely to win a case against a represented litigant as against a pro se defendant. Though the noncausal nature of the comparisons weighs against drawing any overly significant inferences from this fact, it does suggest that the trend toward increasing numbers of defendants proceeding pro se in property suits might not be a particularly important issue.
Defense counsel will have to prepare defense witnesses so they respond politely and directly to tedious, often incomprehensible questions from the pro se plaintiff. If a defense witness loses his or her temper, or appears to be condescending to the pro se plaintiff, the jury will certainly find against any testimony given by the defense witness, even if the jury does not necessarily agree with the plaintiff’s view of the case.
48. Andrew Scherer, Why People Who Face Losing Their Homes in Legal Proceedings Must Have a Right to Counsel, 3 Cardozo Pub L Pol & Ethics J 699, 701–03 (2006). See also, for example, Ramji-Nogales, Schoenholtz, and Schrag, 60 Stan L Rev at 384 (cited in note 47). The arguments in these articles focus on civil litigation regarding housing or immigration, but the arguments hold more generally when a party’s ability to vindicate important interests is at stake.
109. It is worth noting that these reforms could produce unobservable benefits in a number of ways. For example, as discussed previously, some district courts may be implementing these reforms differently in practice, and it may be the case that a few are successfully implementing the reforms, resulting in significant improvements to case outcomes for those courts but not enough improvement to show up in the overall numbers. Alternately, it may be the case that one particular combination of reforms is especially impactful. There is not enough data to fruitfully study all permutations of reforms. Still, this analysis is revealing with respect to the cumulative effects of these reforms.
According to the 1996 report on pro se by University of Maryland Law School, 57% of pro se said they could not afford a lawyer, 18% said they did not wish to spend the money to hire a lawyer, 21% said they believed that their case was simple and therefore they did not need an attorney. Also, ABA Legal Needs Study shows that 45% of pro se believe that "Lawyers are more concerned with their own self promotion than their client's best interest."
Against this background, it doesn’t normally make sense to interpret your adversary’s offer to “talk settlement” as a sign of weakness. Nor should you be reluctant to be the one to suggest a negotiated settlement. In fact, judges, arbitrators, and mediators routinely urge adversaries to explore settlement even if previous attempts have failed. It’s a wise person who never closes the door to a reasonable settlement.
Pro se legal representation (/ˌproʊ ˈsiː/ or /ˌproʊ ˈseɪ/) comes from Latin, translating to "for oneself" and literally meaning "on behalf of themselves", which basically means advocating on one's own behalf before a court or other tribunal, rather than being represented by a lawyer. This may occur in any court proceeding, whether one is the defendant or plaintiff in civil cases, and when one is a defendant in criminal cases. Pro se is a Latin phrase meaning "for oneself" or "on one's own behalf". This status is sometimes known as propria persona (abbreviated to "pro per"). In England and Wales the comparable status is that of "litigant in person".